magnify

I·CONnect

Blog of the International Journal of Constitutional Law
Home Archive for category "Developments" (Page 82)
formats

Kenya’s Judiciary Passes Important Test

–James Thuo Gathii, Loyola Law School (reprinted from The Daily Nation) Only five years ago, Kenya’s Judiciary was not an option that electoral challengers dared consider.  The institution was rife with corruption and ineptitude. There was no public confidence that judges could be neutral arbiters in the most important questions of the day.  The courts

Read More…

Print Friendly
Published on April 2, 2013
Author:          Filed under: Developments
 
Tags:
formats

Petition 72: The Struggle for Constitutional Reforms in Vietnam

  –Bui Ngoc Son, Vietnam National University Vietnam is comprehensively revising her 1992 constitution for the second time, 12 years after the first amendment in 2001. The draft new constitution prepared by the Constitutional Amendment Committee has been released to the public for debate from January to April, 2013. According to the agenda, the new

Read More…

Print Friendly
Published on March 28, 2013
Author:          Filed under: Developments
 
formats

Canada’s Supreme Court upholds hate speech laws

—Carissima Mathen, Associate Professor of Law, University of Ottawa A comparative discussion of North American civil liberties invariably notes that Canada has a more limited scope of protection for freedom of expression than the United States.  Nowhere is this more evident that the treatment of hateful expression.  Since 1970, it has been a criminal offence

Read More…

Print Friendly
Published on March 14, 2013
Author:          Filed under: Developments
 
formats

Zimbabwe’s New Constitution

—Richard Albert, Boston College Law School Zimbabweans will vote to approve a new constitution on Saturday. Drafting a new constitution was a condition of the 2008 coalition formed between political rivals President Robert Mugabe and Prime Minister Morgan Tsvangirai. The draft constitution is the product of a 25-member committee on which all three political parties

Read More…

Print Friendly
Published on March 11, 2013
Author:          Filed under: Developments
 
formats

Creating a Constitutional Process Design for Libya via Constitutional Amendment

—Lorianne Updike Toler, The Constitutional Sources Project & Lorianne Updike Toler Consulting. The feared unrest in Libya prior to 15 February and now the confusion introduced by the Libyan Supreme Court’s decision last Tuesday to invalidate Amendment No. 3 of Libya’s Constitutional Declaration can all be attributed to the poor constitutional design of the Declaration

Read More…

Print Friendly
Published on March 8, 2013
Author:          Filed under: Developments
 
formats

Get ready for new battles over Japan’s Constitution

–Lawrence Repeta, Meiji University Faculty of Law Prime Minister Shinzo Abe is focused on the economy  —  check out the collapse of the yen and the boom in the stock market since he took center stage.  In his policy speech to open the new Diet session on January 28, Abe talked about the economy and

Read More…

Print Friendly
Published on February 7, 2013
Author:          Filed under: Developments
 
Tags: ,
formats

Just Deserts or Honor at Stake? India’s Pending Judicial Standards and Accountability Bill

–Nilesh Sinha In recent history, India’s constitutional adjudication has been amongst the most active in the world. Following its shameful capitulation before Indira Gandhi during the Indian emergency, the Supreme Court of India developed the tool of Public Interest Litigation (whereby a court can deliver prompt social justice, at times by taking up a matter

Read More…

Print Friendly
Published on February 2, 2013
Author:          Filed under: Developments
 
formats

75% Millionaire Tax Rate Ruled Unconstitutional: Are Good Judges Bad for Democracy?

—Arthur Dyevre, Max Planck Institute Just before the turn of the year, on December 29th, the French Constitutional Council overturned the socialist government’s 75% income-tax rate for the rich, a measure the new occupant of the Elysée Palace, François Hollande, had turned into an anti-rich symbol during his presidential campaign. This is not the first

Read More…

Print Friendly
Published on January 25, 2013
Author:          Filed under: Developments
 
formats

Fiji’s Continuing Constitutional Crisis

—Richard Albert, Boston College Law School In the latest twist in Fiji’s continuing constitutional crisis, the Fijian military government has rejected the new draft constitution proposed by the Constitution Commission. It is believed that the military rejected the draft constitution because the draft proposed dramatically to curb the powers of the military. The military government has pledged to

Read More…

Print Friendly
Published on January 13, 2013
Author:          Filed under: Developments
 
formats

Clapper v. Amnesty International: Still Trying for a Day in Court

—Sudha Setty, Western New England University School of Law In the last decade, U.S. courts have consistently blocked civil suits seeking damages for government overreaching in its counterterrorism programs.  Most cases have been dismissed at the pleadings stage, as courts have found plaintiffs to be without standing and/or have found that plaintiffs who have standing

Read More…

Print Friendly
Published on January 11, 2013
Author:          Filed under: Developments